PROCEDURE FOR PARENT-CHILD MEASURES BY MUTUAL AGREEMENT

A proceeding of parent-child measures by mutual agreement is the one to be performed in order to establish all the aspects regarding the children (in their relation with their parents) and it is necessary the intervention of the Prosecution Office (as there are minors involved) and that it is approved by the Court.

This process is the one that must be followed when there is a breakup of a couple with minor children, but the parents are not married.

Also in those cases in which a divorce has previously been carried out, but later they want to modify the measures that were approved when the divorce was performed.

Among the parent-child measures that must be agreed upon are for example: which parent will have custody, or if it will be shared, the regime of visits, stays with the other parent, alimony, etc.

The filing by which the procedure is promoted must be accompanied by different documents determined in article 777 of the LEC (Spanish Civil Procedural Law), together with the proposed regulatory agreement of parent-child measures signed by both parents and therefore this shold be the first step to be taken.